Brawford v. Wolfe
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in admitting in evidence the proceedings had in the probate court of Putnam county, Missouri, and the instrument called an election of Maria Russell to take one-half of said real estate in lieu of dower therein. Said probate court had no jurisdiction or authority to appoint the administrator or to take control over the estate in any respect.
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Appeal from Putnam Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in admitting in evidence the proceedings had in the probate court of Putnam county, Missouri, and the instrument called an election of Maria Russell to take one-half of said real estate in lieu of dower therein. Said probate court had no jurisdiction or authority to appoint the administrator or to take control over the estate in any respect. The deceased was a non-resident of this state when he died. There were no debts or liabilities against him or his estate in Missouri, and there was no personalty, debts or…
1Opinion of the CourtMacfarlane, J.
Ejectment for possession of the northwest quarter of the northwest quarter, section 28, township 65, range 19, in Putnam county.
In March, 1865, Columbus 0. Davis, a resident of the state of Kentucky, died, seized in fee of the land in suit, leaving his wife Maria, surviving him, but without children or other descendants. The widow afterwards, in December, 1867, married Robert R. Russell, and they continued to reside in that state. Defendant Hyde went into possession of the land in the year 1874. On the twenty-first day of December, 1875, Maria Russell and her husband executed and delivered to…
2Cases cited12 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Gibson v. ChouteauSupreme Court of Missouri · 1867
- Heath v. RossNew York Supreme Court · 1815
- Dart v. DartSupreme Court of Connecticut · 1828
- Jackson ex dem. Thurman v. BradfordNew York Supreme Court · 1830
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3Cited by22 opinions
- Keeney v. McVoySupreme Court of Missouri · 1907
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
- Ussery v. HaynesSupreme Court of Missouri · 1939
- Conrey v. PrattSupreme Court of Missouri · 1913
17 more not listed; retrieve them via the Exa API.